Ms. Holmes Hears From AUSAs That It Is Telling She Didn’t Submit Her Own Affidavit… Re The “No Bueno / Mexico” Flight Reservation.

The able AUSAs have answered Ms. Holmes this afternoon, in San Jose — and it is terse and well-argued. Do read it all, as it is only four pages.

Here, though –this (below) is the money quote:

…Defendant provides declarations from her counsel describing her travel plans and her partner describing his travel plans. Noticeably absent from Defendant’s filing is a declaration from the person whose mental state matters [Ms. Holmes] — Defendant herself — asserting that she did not intend to nor attempt to flee in January 2022. The government stands by its opposition and the Court should not strike nor seal any portion of it….

The government also points out that Ms. Holmes — in a practice frowned upon in the felony federal courts of California — continues to try to keep her financial matters private, even post conviction… where she’s been convicted of financial felonies, and is likely to owe hundreds of millions of dollars to the people she’s damaged.

So it is especially inappropriate to assert no one may know of her net worth, when the courts are both open to the public — and in any event, when USDC Judge Davila gets down to setting her forfeiture and fine amounts, the state of her financial affairs will be both exceedingly relevant, and presumptively viewable, by “we, the people” — i.e., the public (as a check and balance, against any would be star chamber’s… slap on the wrist).

No, we will see almost all of it very shortly. And Judge Davila will almost certainly come to a figure, all in of over $100 million.

Now you know. Onward, on a snowy, blustery night — in the City of Big Shoulders.

Yeah — so… no bueno, to be sure… Team Holmes Moves To Strike AUSAs’…

This is — in truth — much ado, about nothing, at all.

We didn’t mention it, except in reply to comments… though the MSM thought it pretty… newsworthy.

As of this morning, Team Holmes moves to strike all the references to the kerfuffle, in the government’s papers.

Along with it, they provide a cute pic of the baby Will Evans from about a year ago, at right — Ms. Holmes’ first child. I run it primarily to soften the world’s perception of her, and her partner. [Seems fair — to humanize them.]

But none of it will matter, in the end. Ms. Holmes will in fact report to Camp Bryan on April 27, 2023 — with eleven plus years to be spent there.

And both her babies will grow up, largely never knowing her, in any deep way.

Damn — but she has only herself to blame for that. I think it unfortunate that she chose this path for her blameless son, and then chose to double down on that choice — after conviction. I feel for those soon to be teenage kids — without a real mom.

Yes — they will never want for any material thing, obviously — and will, by all reports benefit from a loving and attentive father. But it is still not the same… without a mom.

Out.

Nope. No Release, Pending Appeal. So Sorry, Ms. Holmes — No “Rich Blonde Girl” Card, Anymore.

The odds are nearly… zero, that Ms. Holmes will be released pending appeal. And here is why — in about 26 pages of very muscular argument, from the attorneys who prosecuted her felony case.

Do go read all of the cogent arguments, by the AUSAs. They are now on file, in San Jose:

…While the criminal justice system presumes at this point that a criminal defendant would begin serving his or her custodial sentence, Defendant seeks, instead, to loosen the restrictions placed on her region of travel based upon vague references to her partner’s work commitments.

Defendant, however, cannot meet the stringent standard for release pending appeal mandated by Congress. There are not two systems of justice — one for the wealthy and one for the poor — there is one criminal justice system in this country. And under that system, the time has come for Elizabeth Holmes to answer for her crimes committed nearly a decade ago, as found by a jury made up of a fair cross section of individuals from this community, and to begin serving the term of imprisonment imposed by this Court as sufficient but not greater than necessary to account for those crimes. The government respectfully requests the Court deny Defendant’s Motion….

Now you know — onward, grinning…. out.

Updated Hearings Schedule: Now Revised In Signed Order… To February 17, 2023.

This hearing on release pending appeal is now (finally!) dialed in, nearer in time, by a full month — likely because… (i) Ms. Holmes may be more than two weeks past delivery date by the mid February date — and she’d rather have more time on the back end of the hearing, because her lawyers are advising her that it is unlikely she will avoid reporting to prison on April 27, 2023 — to begin her eleven plus years… and

(ii) Ms. Holmes will need the time between March 1 or so, when USDC Judge Davila rules against her — and April 27… to get her house in order, as well as her two babies situated, for her transfer to FCI Camp Bryan, Texas. [We will bet that she will likely see her partner (and kids) buy (and furnish and move into) a house not too far from Austin, Texas — as well. And that will take a minute.] Here’s the final schedule:

…1/9/2023: Defendant’s Motion for Release Pending Appeal due

1/30/2023: Government’s opposition to defendant’s Motion for Release Pending Appeal due

1/30/2023: Government’s brief in advance of restitution hearing due

2/10/2023: Defendant’s reply in support of his Motion for Release Pending Appeal due; and
Defendant’s response to Government’s restitution brief due

2/17/2023: Hearing on defendant’s Motion for Release Pending Appeal and on restitution….

Now you know.

Last Week, TMZ Ran A Rather Salacious, But Accurate Story… We Mention It For A Complete Record, Only.

Throughout this blog record, we have not mentioned any personal health related matter that the MSM had not already previously reported on, and published.

I am on the fence as to whether celebrity gossip site TMZ is an “MSM outlet”, strictly speaking — but the First Amendment clearly covers its reporting… and opinions (and this may be… both).

And so it happens that the TMZ people disclosed that Ms. Holmes will be required to participate in three years of court ordered mental health counseling sessions, when she leaves Camp Bryan, in rural Texas — in about June of 2034.

[The same is presently true of Mr. Shkreli, per his close supervision / three year release terms (see page five of seven, there), BTW. And we should expect the same, if Mr. Bankman-Fried is ever released from prison, post convictions — but he likely faces over 40-to-60 years, now… so he could very well die in prison.]

In truth, adjusting to the wildly changed outside world, after over a decade will be… daunting, even before one layers on the loss of over a decade worth of one’s childrens’ day-to-day lives (and one’s life partner’s — same).

But it is common, for longer than four year sentences, to see this condition ordered — for release in the federal BoP system. Especially where part of the criminal defense offered relates to mental issues and so on.

Now you know.

Onward.

Early 2023 Hearings/Deadlines In Holmes’ Case… Pre Incarceration: St. Patrick’s 2023 Key Date.

So — I continue to believe Ms. Holmes (and Mr. Balwani) will be ordered to start serving their sentences, while their appeals are processed… and I think restitution orders for Ms. Holmes will be over $100 million.

Just before the court’s new year holidays, the near term schedule came into focus, for all of that — by agreement of all parties.

Here’s the latest, from San Jose’s federal felony court docket:

…[T]he parties hereby stipulate to and jointly request that the Court set the following schedule:

1/19/2023: Government’s opposition to defendant’s Motion for Release Pending Appeal due

2/3/2023: Government’s brief in advance of restitution hearing due

2/23/2023: Defendant’s reply in support of her Motion for Release Pending Appeal due

3/3/2023: Defendant’s brief in advance of restitution hearing due

3/17/2023: Hearing on defendant’s Motion for Release Pending Appeal and on restitution.

The parties recognize that 18 U.S.C. § 3664(d)(5) provides “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” 18 U.S.C. § 3664(d)(5). The parties stipulate and agree there is good cause to conduct the restitution hearing on March 17, 2023 (more than 90 days after sentencing), and that the Court retains authority to determine and impose restitution at or promptly following the hearing on March 17, 2023. See Dolan v. United States, 560 U.S. 605, 608, 611 (2010). The defendant consents to holding the restitution hearing on March 17, 2023, and waives any objection based on 18 U.S.C. § 3664(d)(5)….

Now you know — off, into a warm, sunny 2023!